C.R. v. HHS - DTaP, transverse myelitis (2020)

On September 21, 2016, Cynthia Ramirez, individually and as next friend of C.R., a minor, filed a petition for compensation under the National Vaccine Injury Program. Petitioner alleged that C.R. suffered transverse myelitis as a result of receiving the Diphtheria-Tetanus-Acellular Pertussis/Inactivated Polio (DTaP/IPV) and varicella vaccinations on August 14, 2014.

The respondent, the Secretary of Health and Human Services, denied that the vaccines caused C.R.'s alleged injuries or current condition. The parties reached a stipulation to settle the issues and award compensation to the petitioner.

Special Master Thomas L. Gowen issued a decision on the stipulation on October 21, 2020.

The stipulation provided for a total award of $1,085,855.06. This amount included a lump sum of $638,163.71 for first-year life care expenses and trust seed funds, payable to Region Bank as trustee.

It also included a lump sum of $300,000.00 for lost future earnings and pain and suffering, payable to the petitioner as guardian/conservator of C.R.'s estate, contingent upon her appointment. Additionally, a lump sum of $147,691.35 was allocated for reimbursement of a Medicaid lien for services rendered by the State of Texas, payable jointly to the petitioner and Meridian Resource Company, LLC.

The award also included an amount sufficient to purchase an annuity contract. Judgment was to be entered in accordance with the terms of the stipulation.

Gil L. Daley, II, of the Law office of Gil L.

Daley, II, P.C., represented the petitioner, and Claudia B. Gangi from the U.S.

Department of Justice represented the respondent. The public decision does not describe the onset, specific symptoms, diagnostic tests, treatments, or the mechanism of injury.